Patna High Court
Dinesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Dinesh Rai, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 120 litres of illicit liquor were recovered from a river bank. The prosecution alleged his involvement, but no incriminating material was found in his possession and the accusation rested solely on the confessional statement of another apprehended accused. The petitioner asserted a clean antecedent and denied any connection to the recovered liquor. The State opposed the bail application. The Court, considering the nature of the accusation, the place of recovery, the petitioner’s clean record, and the lack of direct evidence, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the only evidence is a confessional statement of another accused.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- clean antecedent
- confessional statement
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43122 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Dinesh Rai Son of Late Nagina Rai Resident of Dedaur PS -Bakhtiyarpur Dist
-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 120 litres illicit liquor was
recovered from river bank.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on the confessional statement of apprehended accused.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.43122 of 2026(2) dt.01-07-2026
2/2
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Learned Exclusive Special
Judge, Excise, Barh in connection with Bakhtiyarpur P. S. Case
No. 545 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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